A LANDMARK separation of the wheat from the chaff in the vexed issue of what constitute illegal secret societies was yesterday carried out by the Rivers State High Court, which ruled that the National Association of Seadogs (NAS) is not a secret cult. The court also declared that the inclusion of the NAS in the list of Secret Cult and Similar Activities (Prohibition) Law No.6 of 2004 was unconstitutional and ultra vires to the legislative competence of the state legislature, which proscribed the association's activities.
Delivering judgment in a suit filed by NAS to challenge its inclusion in the Secret Cult and Similar Activities (Prohibition) Law No.6 of 2004, Judge P.N C. Agumagu, said the association was a validly registered incorporated trustee under the Companies and Allied Matters Act Cap C20 Laws of the Federation of Nigeria.
The NAS had in 2004 instituted the action seeking the court's interpretation of the definition of a secret cult as contained in Section 16 of the law and the schedule of the Secret Cult and Similar Activities Prohibition Law No.6 2004 of Rivers State.
In its amended originating summons, NAS had prayed the court to determine whether the Attorney General of Rivers State (first defendant) the government of Rivers State (second defendant) and the Rivers State House of Assembly (third defendant) could validly legislate on matters pertaining to, connect with the Companies and Allied Matters Act Cap C20 Laws of the Federation of Nigeria 2004.
NAS also prayed the court to determine the Secret Cult and Similar Activities (Prohibition) Law to the extent that it proscribed the group's activities and whether the action did not infringed on the fundamental rights of the association as guaranteed under the 1999 Constitution.
In his ruling, Agumagu yesterday declared that the defendants couldn't legislate on matters pertaining to the Companies and Allied Matters Act Cap C20 Laws of the Federation of Nigeria 2004, hence they cannot proscribe NAS.
He said that NAS and its members, by virtue of their legal personality, have the right to freedom of association, movement, expression of conscience and the right to perpetual succession.
The court declared that the Secret Cult and Similar Activities Prohibition Law No.6 2004 violated NAS and its members' fundamental rights as guaranteed by the Nigerian constitution.
It ruled that the inclusion of NAS as No. 64 in the list of Secret Cult groups in Rivers State contained in the schedule to the Secret Cult and Similar Activities (Prohibition) Law or anywhere in the said law was ultra vires to the legislative competence of the defendants.
Agumagu explained that the "inclusion of NAS in the list conflicts with the extant provisions of and is manifestly inconsistent with the provisions of Companies and Allied Matters Act Cap C20 Laws of the Federation of Nigeria 2004" and the nation's constitution.
He declared that the inclusion of NAS in the list was tantamount to prohibiting its activities in Rivers State, which is same as winding up or dissolving the association, an act the court ruled was "unconstitutional, illegal, null and void and of no effect."
The judge, who took into cognisance the defendants' constitutional responsibility of making law for the peace and stability of the state, however, noted that they failed to show beyond reasonable doubt that NAS was a secret cult.
Agumagu also granted a perpetual injunction restraining the defendants from enforcing the provisions of the Secret Cult and Similar Activities (Prohibition) Law, No.6 2004 of Rivers State.
From Kelvin Ebiri, Port Harcourt
